United States District Court, D. New Mexico
MATTHEW J. CHANNON, Plaintiff,
JEFF TAVANGAR, SHELLEY BACA, JENNIFER IRELAND, ARMADA GROUP, INC., NATALIE GANN, and TP-LINK RESEARCH AMERICA CORPORATION, Defendants.
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT
NATALIE GANN'S MOTION TO DISMISS (DOC. 41)
WILLIAM P. JOHNSON CHIEF UNITED STATES DISTRICT JUDGE
MATTER comes before the Court on Defendant Natalie
Gann's Motion to Dismiss, [Doc. 41, filed February 20,
2019]. Upon reviewing the parties' briefs and the
applicable law, Defendant's Motion is
following are allegations from Plaintiff's complaint,
unless noted otherwise.
26, 2018, Plaintiff Matthew J. Channon filed his Complaint.
[Doc. 1]. Plaintiff makes numerous claims against several
defendants, including Defendant Natalie Gann
(“Defendant”) in his Complaint. Plaintiff filed
his Complaint pro se and was granted leave to
proceed in forma pauperis.
Group, Inc. (“Armada”), which has already been
dismissed from this case, is a staffing agency that locates
individuals who provide technical services and provides these
individuals to Armada's clients, which are often
technology companies. Defendant TP-Link Research America
Corporation (“TPRA”), which was initially
improperly served and now has been ordered to file an answer
to the current case, is a technology company that develops,
among other things, software for computer networking
equipment. Defendant was formerly a human resources manager
25, 2015, Armada signed an agreement with Plaintiff Matthew
Channon's company, Loitery LLC, under which
Plaintiff's company was to provide services for TPRA. On
that same date, at Armada's request, Plaintiff agreed to
undergo a background check. Plaintiff claims he began
performing services for TPRA on or about June 25, 2015, while
his background check was still pending.
conducting the background check, Armada learned that
Plaintiff was facing pending felony charges for wire-fraud in
the United States District Court for the District of New
Mexico.Plaintiff received a number of calls from
Defendant Shelly Baca on or about July 2, 2015, regarding the
criminal charges. Plaintiff agreed to a conference call with
Defendants Jeff Tavangar and Defendant Baca that same day.
Plaintiff recorded the call.
the call, Defendant Tavangar and Defendant Baca asked for
additional details regarding Plaintiff's pending charges.
Plaintiff stated he had not been convicted of anything and
recited to them California Labor Code 432.7(a). Plaintiff
explained that he did not disclose the pending charges prior
to employment because he had only been asked if he had any
convictions, and he stated he had no convictions.
Tavangar stated on the call that the charges were a surprise,
and that he had no choice but to consult with TPRA. Defendant
Tavangar stated that Armada was obligated under the contract
to share the information with TPRA. Defendant Tavangar also
stated that Plaintiff is not an employee of Armada, and that
Armada had contracted with Plaintiff's company, Loitery,
LLC, not Plaintiff individually. Defendant Tavangar stated
that he and Armada would consult with TPRA and tell Plaintiff
how they would proceed.
returned to work on July 2, 2015 and continued to work
on-site at TPRA. On July 14, 2015, Plaintiff was called into
a meeting with Defendant Gann and Defendant Ireland.
Plaintiff states that he was directed to leave the company
laptop at his desk and was fired without explanation.
Plaintiff was allowed to gather his personal belongings,
directed to leave his keys and leave the work-site. Later
that day, Plaintiff received an email from Defendant Ireland,
with a carbon-copy to Defendant Baca, stating “in
follow up to our meeting with TPRA HR, they have decided to
terminate your engagement effective immediately. As such,
your agreement with the Armada Group is terminated effective
today.” Plaintiff alleges that he was fired for having
pending criminal charges.
case is before the Court on diversity jurisdiction. Plaintiff
asserts the following California state law claims against
1. Count 1: Violation of Cal. Lab. Code. ...